AGREEMENT
Assumption of Risk
I understand and accept that riding an e-bike and participating in e-biking exposes me to
many hazards and entails unavoidable risk of death, personal injury (including but not
limited to severe spinal or head injury) and loss of or damage to property. I also
understand that I should be in capable physical health to participate in an e-bike rental or
tour. I choose to participate in the e-bike rental or tour in spite of these risks and hereby
assume all risk of injury or loss of life to myself and loss of or damage to property
arising out of riding this e-bike and participating in the e-bike rental or tour. I
understand the inherent risk involved in using this equipment; accept full
responsibility for any and all such damage or injury which may result.
Waiver And Release
In consideration of Adventure Fix Business Ops, LLC, also dba Electric Trails, riding this e-bike, I specifically release and forever discharge Adventure Fix, LLC, dba Electric Trails, and
its officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I may suffer while riding this e-bike and participating in the e-bike rental or tour. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Adventure Fix Business Ops, LLC, also dba Electric Trails, or its officers, agents, or employees. It is my intent by the Waiver and Release Agreement to release Adventure Fix Business Ops LLC, also dba Electric Trails, and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Adventure Fix Business Ops, LLC, also dba Electric Trails, or whether based upon breach of contract, breach of warranty, or any other legal theory.
In signing this document, I fully recognize that if injury, illness, death or damage
occurs to me while I am engaged in riding this e-bike or participating in the e-bike
rental or tour. I forever release and will have no right to make a claim or file a lawsuit
against Adventure Fix Business Ops, LLC, also dba Electric Trails , or its officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.
Summary of Acknowledgements
FULL WAIVER BELOW or located at electric-trails.com/waiver
Helmet acknowledgement
I realize the importance of wearing a helmet and I hereby commit to wearing a helmet at all times while riding the e-bike. Should I refuse to wear a helmet or remove the helmet at anytime while riding the e-bike during the rental or tour, I do so by my own free will and understand that I will further expose myself to all the risks, hazards,& possible injuries stated in this waiver.
Risk of Injury Acknowledgement
Risk of Injury acknoledgement I understand that this activity may result in severe injury, including but not limited to spinal or head injury
Acknoledgement of E-Bike Riders Ability
I understand how to operate the rental electric e-bike’s gears, throttle, and brakes and that I am capable of operating the e-bike safely on city streets. I also commit to stay on the course provide by the rental location and to abide by all directions given by the rental agency, and understanding staying on the trails for the safety of others, and recognizing the forestry service trails.
Acknowledgement of Local Traffic Laws
I agree that I that will follow local traffic laws and bike only on approved e-bike trails, including not riding on unpprovaed trails for hikers or mountain bikers only.
Acknowledgement of Anti-Tampering
I agree that I will not tamper with or modify the e-bike, including not changing ride modes (e-bike to be kept in Class II mode in compliance with state laws for riding on e-bike designated routes
Acknowledgement of Fees
I agree that I may be held liability to pay for lost of stolen equipment, including e-bikes, batteries, and equipment.
Age Acknowledgement
I am a legal adult aged 18 years or older, or accompanied by an adult according to the Electric Trails rider age policy. If I am not 18 years old, I am above 5’ tall.
Late Returns
I agree to pay additional fees or payments for late e-bike returns per language of full waiver.
Acknowledgement of Content Licensing
I agree to grant Adventure Fic, LLC, also dba Electric Trails, worldwide royalty free license to use my photographic, video, or digital likeness solely for promotional and / or commercial purposes.
_____I HAVE CAREFULLY READ THIS THE FULL WAIVER AGREEMENT at ELECTRIC-TRAILS.COM/WAIVER AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF DRUGS OR ALCOHOL
Name
Date
Signature
______________________________________
In consideration of use of any of the Services (as defined below) provided by “Adventure Fix Business Ops LLC dba Electric Trails”, requires you (“Rider”) to agree to all terms and conditions in this e-bike Rental User Agreement, Waiver of Liability and Release (“Agreement”).
You should CAREFULLY READ all terms and conditions before entering into this Agreement.
1 GENERAL RENTAL AND USE OF E-BIKE
1.1. Services Provided. “Services” provided by “Adventure Fix Business Ops LLC dba Electric Trails comprise: (1) e-bike (“e-bike” or “e-bicycle”); (2) authorized e-bike rental pick-up and/or drop-off locations (“Locations”); (3) all related equipment, personnel, and information.
1.2. Rider Is Sole User. “Adventure Fix Business Ops LLC dba Electric Trails” expressly agrees to allow Rider to use the Services, and Rider agrees to use the Services, subject to the terms and conditions in this Agreement. “Adventure Fix Business Ops LLC dba Electric Trails” and the Rider are the only parties to this Agreement. The Rider is the sole person using the Services and is responsible for complying with all terms and conditions in the Agreement.
1.3. Rider Is 18 Or Older. Rider represents and certifies that Rider is at least 18 years old. If
Rider misrepresents his/her age for any or no reason, Rider accepts full responsibility and is
liable for any consequence, claims, demands, causes of action, losses, liabilities, damages,
injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any
kind or nature whatsoever related to any such misrepresentation.
1.4. Rider Is a Competent E-bike Operator. Rider represents and certifies that she or he is familiar with operating an e-bike, and is reasonably competent and physically fit to ride an e-bike. By choosing to ride an e-bike, Rider assumes all responsibilities and risks for any injuries or medical conditions.
1.4.1 Rider is completely and adequately covered by appropriate personal insurance
coverage which may include health, life, loss of property, loss of income, and liability I
may cause or suffer while riding the e-bike or else I understand I must solely bear the
costs of such injury or damage and all related costs.
1.5. E-Bike Is Exclusive Property of “Adventure Fix Business Ops LLC dba Electric Trails”. Rider agrees that the e-bike and any equipment attached thereto, at all times, remain the exclusive property of “Adventure Fix Business Ops LLC dba Electric Trails”. Rider will not modify the e-bike at any time, in any way, including keeping the e-bike in the Class II e-bike setting and not altering the e-bike electronics or ride modes through the bikes digital display or via mobile app..
1.6. E-Bike Operating Hours and Availability. “Adventure Fix Business Ops LLC dba Electric Trails” does not guarantee the Services will be available at all times. Access to the Services is conditioned on the availability of an e-bike at any particular Location. “Adventure Fix Business Ops LLC dba Electric Trails” neither represents nor warrants the availability of any Services or any e-bike at any Location. Riders may reference the “Adventure Fix Business Ops LLC dba Electric Trails” website (“Website” at www.electric-trails.com.com) to view the inventory of e-bikes available at a Location. Rider agrees that “Adventure Fix Business Ops LLC dba Electric Trails” may require Rider to return an E-Bike at any time.
1.7. Geographical Limits on Use. Rider agrees to use an e-bike only in Cook & Lake County and will not, under any circumstances, remove the e-bike from the Counties above.
1.8. Adherence to All Laws. Rider agrees to follow all laws pertaining to the use, riding and/or
operation of the e-bike, including all state and local laws, ordinances and regulations pertaining to e-bikes in Cook County. Rider agrees not to ride on trails and paths that are not e-bike permitted such as hiking and mountain biking specific trails of the area. See e-bike map for details and regulations on where riding is permitted.
1.9. Types of Use. Rider agrees not to use the e-bike for racing, or stunt or trick riding. Rider
agrees not to operate and/or use the e-bike in any location that is prohibited, illegal and/or a
nuisance to others. Rider agrees not to use the e-bike for hire or reward.
1.10. Limits on carrying capacity. Rider agrees not to carry people or animals anywhere on the
e-bike.
1.11. Rider Reporting. Rider must report any accident, crash, damage, personal injury, stolen or
lost e-bike to “Adventure Fix Business Ops LLC dba Electric Trails” immediately or as soon as practical thereafter. If a crash involves personal injury, property damage, or a stolen e-bike, Rider must file a report with the local Police Department or other appropriate police authorities within 24 hours after the incident. Rider agrees she or he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost e-bike. “Adventure Fix Business Ops LLC dba Electric Trails” will consider timely reporting of a stolen or lost e-bike when assessing any
cost associated with Rider’s responsibility for the e-bike.
1.12. Rider Responsibility for E-Bike Use and Damage. Rider agrees to return the e-bike in the same condition in which it was rented. Rider is not responsible for normal wear and tear. Rider agrees to ensure that the e-bike is never left unattended when not at an authorized pick-up or drop-off Location. Rider agrees to pay for destruction or loss of e-bike and for any damage, including labor and replacement parts. If the e-bike is lost or damaged beyond repair while being operating under Rider’s reservation, regardless of fault or cause, Rider agrees to pay “Adventure Fix Business Ops LLC dba Electric Trails” the full replacement value of the equipment. Rider is not responsible for loss of or damage to an e-bike that has been returned to and properly secured at an authorized pick-up or drop-off Location pursuant to this Agreement.
1.13. Fees and Charges. All fees and charges associated with “Adventure Fix Business Ops LLC dba Electric Trails” rentals are posted on the Website and represent the then-current and accurate fees and charges for the Services, and supersede any fees and charges incorporated in this Agreement. See electric-trails.com/fees-and-charges for details.
2 PAYMENT AND FEES
2.1 E-Bike Rental Charges. e-bike rental charges are posted at www.electric-trails.com. To avoid
overage charges, Rider must return the e-bike to an authorized Location by quoted end time. Themaximum charge per calendar day is based on the quoted price when e-bike was rented by Rider. At the end of the rental period, Rider will be charged the accumulated rental charges or the maximum charge(s), whichever is less. Fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by “Adventure Fix Business Ops LLC dba Electric Trails”. “Adventure Fix Business Ops LLC dba Electric Trails” will charge the Rider’s credit or debit card the amount of the respective fee in effect on the date of reservation. In addition, a Rider may be charged usage fees as described in this Agreement.
2.2 Maximum Rental Period. Late e-bike returns are subject to the late return fees policy. eE-bikes not returned within 72 hours will be considered lost or stolen, and Rider may be charged for the lost or stolen item and a police report may be filed. Data generated by “Adventure Fix Business Ops LLC dba Electric Trails” booking platform is and shall be considered conclusive evidence of the period of a Rider’s use of an e-bike.
2.3 Promotions and Discounts. Promotions and discounts may only be redeemed in accordance
with the terms and conditions of their use.
2.4 Credit and Debit Card Usage. Rider must provide a valid credit or debit card number and any required authorization and authentication information before Rider may use the Services. Riderrepresents and warrants to “Adventure Fix Business Ops LLC dba Electric Trails” that Rider is authorized to use any such card information Rider furnishes to “Adventure Fix Business Ops LLC dba Electric Trails”. In providing a credit or debit card to “Adventure Fix Business Ops LLC dba Electric Trails”, Rider authorizes “Adventure Fix Business Ops LLC dba Electric Trails” to charge the card for all fees incurred by Rider in using the Services. Rider must contact “Adventure Fix Business Ops LLC dba Electric Trails” within 10 business days after receiving a credit or debit statement reflecting charges for user fees to dispute any charge and must provide to “Adventure Fix Business Ops LLC dba Electric Trails” all trip information necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Rider must inform “Adventure Fix Business Ops LLC dba Electric Trails” of any changes to debit or credit cards used for all transactions related to “Adventure Fix Business Ops LLC dba Electric Trails” rental transactions.
2.5 Cancellation & Refund Policy. All cancellations must be received via email or phone and confirmed by “Adventure Fix Business Ops LLC dba Electric Trails” in writing via email or text. See electric-trails.com/cancellation-policy for details.
3 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
3.1 Releases. In exchange for Rider being allowed to use any of the Services, Rider (acting for
Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and
assigns) does hereby fully and forever release and discharge all Released Persons (as further
defined) for all Claims (as further defined) that Rider has or may have against any Released
Person, except for Claims caused by the Released Person’s gross negligence or willful
misconduct. Such releases are intended to be general and complete releases of all Claims. The
Released Persons may plead such releases as a complete and sufficient defense to any Claim,
as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify,
release and hold harmless Released Persons from all liability for any such property loss or
damage, personal injury or loss of life, whether caused by the sole or partial negligence of
“Adventure Fix Business Ops LLC dba Electric Trails” and/or the negligence of others under any legal theory, in consideration for using the Services. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including legal fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the Services or Rider’s use of the Services. “Released Persons” means, collectively, (i) “Adventure Fix Business Ops LLC dba Electric Trails” and all of its owners, managers, affiliates, employees, agents, represent-atives, successors, and assigns, (ii) “Business Owner Name” and all of its directors, employees, agents, represent-atives, successors, and assigns, (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which a pick-up or drop-off Location is located and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
3.2 Disclaimers. RIDER ACKNOWLEDGES AND AGREES THAT RIDER’S USE OF ANY OF THE
SERVICES IS AT RIDER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND
WITH RESPECT TO RIDER’S USE OF ANY OF THE SERVICES, “Adventure Fix Business Ops LLC dba Electric Trails” AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND RIDER RELIES ON THEM SOLELY AT RIDER’S OWN RISK). “Adventure Fix Business Ops LLC dba Electric Trails” AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, AND “Adventure Fix Business Ops LLC dba Electric Trails” AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST e-bike.
3.3 Limited Liability. RIDER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY
OTHERWISE BE LIMITED BY LAW, “Adventure Fix Business Ops LLC dba Electric Trails” AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (iii) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(v) RIDER’S FAILURE TO WEAR an bike HELMET WHILE USING an e-bike, (vi) ANY INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE e-bike ITSELF, OR (vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF “Adventure Fix Business Ops LLC dba Electric Trails” OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF “Adventure Fix Business Ops LLC dba Electric Trails” AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO RIDER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.
3.4 Rider’s Assumption of Risk. Rider is solely and fully responsible for safely operating the e-bike at all times. Rider acknowledges and accepts that e-bikes are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. Rider agrees that riding an e-bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride an e-bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
4 TERM AND TERMINATION
4.1 Term. The term of this Agreement begins when Rider first uses the Services and ends 10
years after Rider’s last use of the Services; provided, however, that Rider’s personal financial
responsibility under this Agreement expires one year after Rider’s last use of the Services.
4.2 Termination of Rider’s Use of Services. At any time and from time to time, and without
Rider’s consent, “Adventure Fix Business Ops LLC dba Electric Trails” may unilaterally terminate Rider’s right to use the Services, in “Adventure Fix Business Ops LLC dba Electric Trailss’ sole discretion and without any notice or cause. If Rider’s right to use the Services is terminated by “Adventure Fix Business Ops LLC dba Electric Trails” for convenience, Rider shall be entitled to a refund of all charges prepaid by Rider. Rider may terminate Rider’s use of the Services at any time; provided, however, that no refund will be provided by “Adventure Fix Business Ops LLC dba Electric Trails” and Rider may still be charged any applicable fees in accordance with this Agreement related to Rider’s use of the Services. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Services, regardless of how or by whom the Agreement is terminated.
5 ADDITIONAL TERMS OF USE
5.1 Safety Check. Before each use of an e-bike, Rider shall conduct a basic safety inspection of the e-bike, which includes inspecting: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v)
good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other
mechanical problem or maintenance need. Rider agrees not to ride the e-bike if there are any
issues apparent to a reasonable and prudent Rider, and to promptly notify “Adventure Fix Business Ops LLC dba Electric Trailss’ customer service to alert “Adventure Fix Business Ops LLC dba Electric Trails” of any noted safety issues.
5.2 Helmets & Safety. “Adventure Fix Business Ops LLC dba Electric Trails” recommends that all Riders wear a helmet approved by Snell, CPSC, ANSI or ASTM that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
5.3 E-Bike Routes. Rider agrees that “Adventure Fix Business Ops LLC dba Electric Trails” does not provide or maintain places to ride e-bikes, and that “Adventure Fix Business Ops LLC dba Electric Trails” can not guarantees that there will be a safe place to ride an e-bike. Roads, e-bike lanes, and e-bike routes may become dangerous due to weather, traffic, or other hazards.
5.4 Prohibited Acts. Rider shall not:
5.4.1 Ride an e-bike while carrying any briefcase, backpack, bag, or other item if it impedes Rider’s ability to operate an e-bike safely.
5.4.2 Use any cellular telephone, text messaging device, portable music player, or other device
that may distract Rider from safely operating an e-bike.
5.4.3 Operate an e-bike while under the influence of any alcohol, drugs, any medication or other
substance that may impair Rider’s ability to safely operate an e-bike.
5.4.4 Carry a second person on an e-bike.
5.4.5 Leave any e-bike any place other than an approved pick-up or drop-off Location.
5.4.6 Use any locking mechanism, other than the locking mechanism provided by “Adventurefix Business Ops dba Electric Trails”, to lock an e-bike.
5.4.7 Violate any applicable federal, state, or local law, ordinance or regulation, including those
for e-bike riders.
5.4.8 Dismantle or modify an e-bike in any way.
5.4.9 Exceed the 5 pound maximum weight limit for the cargo carrier or otherwise use the
cargo carrier improperly with regard to type of contents or any visual obstruction or safe riding
impediment.
5.4.10 Operate an e-bike in weather conditions, including snow, hail, and electrical storms, that
make it more dangerous to operate an e-bike. Rider is advised to adjust riding behavior and
braking distance to suit the weather conditions.
5.4.11 Allow others to use an e-bike that Rider has rented from an authorized pick-up or drop-off location. Rider understands that when Rider removes an e-bike from an authorized pick-up or drop-off Location, only the Rider may use it.
6 MISCELLANEOUS
6.1 Confidentiality of Information. Rider’s personally identifiable information held by “Rental
Co.”, including all names, addresses, phone numbers, email addresses, and credit and debit card
numbers, will be kept confidential by “Adventure Fix Business Ops LLC dba Electric Trails”; provided, however, that (i) “Adventure Fix Business Ops LLC dba Electric Trails”
may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to local authorities if there is any accident where a Rider is unable to
communicate personal information to such authorities; (ii) “Adventure Fix Business Ops LLC dba Electric Trails” will provide all requested information in accordance with applicable law if “Adventure Fix Business Ops LLC dba Electric Trails” receives a subpoena from any court; and (iii) “Adventure Fix Business Ops LLC dba Electric Trails” may disclose aggregate, non-personally identifiable data about Riders in accordance with applicable law. In addition, “Adventure Fix Business Ops LLC dba Electric Trails” may disclose individual data to a third party upon Rider’s express permission and consent.
6.2 Notice. “Adventure Fix Business Ops LLC dba Electric Trails” may be contacted by calling or emailing “Adventure Fix Business Ops LLC dba Electric Trails at support@electric-trails.com
6.3 By participating in or attending any Activities in connection with “Adventure Fix Business Ops LLC dba Electric Trails”, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.
6.4 Choice of Law. This Agreement is governed by, and must be construed and enforced in
accordance with, the laws of the State of Minnesota, excluding principles of conflicts of laws.
6.5 Dispute Resolution. For every dispute regarding this Agreement: (i) the prevailing party is
entitled to its costs, expenses, and reasonable legal fees incurred in resolving or settling the
dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each
party consents to the jurisdiction of the courts of the State of Minnesota and agrees that those
courts have personal jurisdiction over each party; (iii) venue must be in “City, State”; and (iv) the
parties must submit the dispute to mandatory mediation held in the State of Minnesota. Every
mediation must be completed within six (6) months after the date when the initial notice
demanding mediation was provided by any party. If, for any reason, the dispute is not resolved
through mediation within this six-month period, the parties may continue seeking to resolve the
dispute by use of any process, including litigation by trial.
6.6 Waiver and Severability. No waiver of any breach of any provision of this Agreement is a
waiver of any other breach or of any other provision of this Agreement. The provisions of this
Agreement are independent of and separable from each other, and no provision shall be
affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other
or others of them may be invalid or unenforceable in whole or in part.
6.7 Cumulative Remedies. All rights and remedies granted under or referred to in this
Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
6.8 Modification of Agreement. At any time and from time to time, and without Rider’s consent or advance notice, “Adventure Fix Business Ops LLC dba Electric Trails” may unilaterally amend, modify, or change this Agreement, in its sole discretion. Whenever a change is made to this Agreement, “Adventure Fix Business Ops LLC dba Electric Trails” will post a notification on the Website. By continuing to use any Services after any amendment, modification, or change, Rider agrees to be bound by all such amendments, modifications, and changes. Rider is responsible for maintaining awareness of all amendments, modifications, and changes to this Agreement and to all fees and charges set forth on the
Website. 6.9 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular or in the plural shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
6.10 Property Left on e-bike. “Adventure Fix Business Ops LLC dba Electric Trails” is not responsible for personal property left on the e-bike. Rider agrees to indemnify “Adventure Fix Business Ops LLC dba Electric Trails” in this regard.
RIDER ACCEPTANCE OF AGREEMENT
I, as a legal adult of 18 years or minor accompanied by adult years or older have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have sign it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between “Adventure Fix Business Ops LLC dba Electric Trails”, its agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of “Adventure Fix Business Ops LLC dba Electric Trails” or by me. If any portion of this agreement is unenforceable the remaining portions shall remain if full force and effect. All applicants are subject to acceptance by “Adventure Fix Business Ops LLC dba Electric Trails”, upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in the United States of America, and shall be construed according to the laws of the state in which the rental / or tour ride occurs in.